Mani Singh v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-16.3.2021 Mani Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Manjot Kaur, Advocate for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by ASI Davindeer Das.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner, who is involved in FIR No.71 dated 25.3.2019 registered at Police Station Sadar Dhuri, District Sangrur under Section 22 of Narcotic Drugs and Psychotropic Substances Act, seeks grant of interim bail for 3 months on account of mental ailment of his son. 2.

This Court vide order dated 9.10.2020 had directed the State to verify the assertions made by the petitioner as regards the mental ailment of petitioner's son and also to furnish information as regards other members in petitioner's family.

3.

The State has filed its reply by way of affidavit of Sh. Paramjit Singh, PPS, DSP, Sub Division Dhuri, District Sangrur, which is taken on record. Para Nos. 3 and 4 of the said reply read as under:

( 2 )

3. That during further verification, A.S.I. Davinder Singh submitted an application dated 04.12.2020 to the Medical Officer, Deep Hospital, Ludhiana to provide the medical record/report regarding treatment of disease of Hussain Singh, petitioner's. Whereupon, Dr. Baldeep Singh M.D.(PAED) head of Department Pediatrics, 481, Deep Hospital, Model Town, Ludhiana gave a written certificate, dated 09.12.2020 as under:

" This is to certify that Hussain Singh S/o Mani Singh, age 8.2 yrs./Male is suffering from seizure disorder since Feb.2017. He is under my treatment since Feb.2017 and advised to continue the same treatment".

4.

That A.S.I. Davinder Singh further verified about the other members of the petitioner's family and the detail of members of petitioner's family is given as under:

Sr. No.

Name Age Relation with Mani Singh 1.

Deepo Kaur 80 years Grandmother 2.

Bimal Kaur 27 years Wife 3.

Muskan Kaur 9 years Daughter 4.

Hussain Singh 8 years Son 4.

The aforesaid reply is accompanied by a certificate issued by Dr. Baldeep Singh, Head of Department, Pediatrics, Deep Hospital, Ludhiana. 5.

In view of the aforesaid reply it is evident that the petitioner's son is indeed suffering from some kind of mental ailment for which he is undertaking treatment since February 2017. It is evident that lengthy medical treatment would be required for the ailment of petitioner's son. It is further evident that in the petitioner's family apart from his wife Bimal Kaur, there is petitioner's aged mother namely Deepo Kaur aged 80 years and two minor children i.e. daughter namely Muskan Kaur aged 9 years and son namely Hussain Singh aged 8 years.

( 3 ) 6.

Keeping in view the aforesaid position and while adopting a humane approach, the petition is accepted and the petitioner is ordered to be released on interim bail for a period of three months from today subject to his furnishing bail bonds/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned. The petitioner after availing interim bail shall surrender before the Jail Authorities on 16.6.2021. 16.3.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No